Ottawa wanted US whistleblower Chelsea Manning to come to Canada so she could be kicked out in person

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The IRB arbitrator dismissed the government’s motion, saying the only intention of parliament was that people who are not allowed to be in Canada are not here

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The Canadian government asked US whistleblower Chelsea Manning to travel to Canada so that border officials could physically throw her out of Canada.

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The strange motion was made last week by government attorneys pending an immigration hearing due to begin Thursday for the former U.S. soldier who leaked thousands of U.S. documents that changed the public view of the wars in Afghanistan and Iraq.

The hearing on whether Manning is allowed to visit Canada is due to take place via video conference.

Attorneys on behalf of the Minister of Public Safety and Emergency Preparedness asked the Immigration and Refugee Board (IRB) to postpone the hearing until Manning is in Canada for it, instead of attending via video link from their home in the United States.

The government said the Canada Border Services Agency (CBSA) couldn’t deport her if she wasn’t physically in the country if the government wins her case.

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“The purpose of a deportation warrant is to compel a person who has been found inadmissible to leave Canada. Should the (IRB) issue a deportation order against an individual who is not attending their hearing from a location in Canada, ”the government wrote to the IRB saying it would be“ impractical for the CBSA to enforce ”.

Manning’s lawyers disagreed with the motion.

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In a ruling on Monday, IRB judge Marisa Musto dismissed the government’s motion, saying the intention of parliament is simply that people who are not allowed to be in Canada are not here.

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If Manning is found inadmissible after the hearing, the impact on Manning would be the same anywhere in the world, Musto said.

“If she were physically in Canada at the time of the order, the requirement would be that she leave Canada. Given that she is already outside Canada, which is out of the question, it can be said that the “objective” of the (immigration laws) … would de facto be met, “Musto said in her decision.

“Admission procedures not only have the effect of removing unauthorized persons from Canadian territory, but also preventing them from entering the country.”

Musto said there have been many admissibility hearings for people outside of Canada that the government has no objection to.

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“This inconsistency in the position of minister is confusing.”

Manning, a 33-year-old American citizen, was a military intelligence analyst posted to Iraq in 2009.

The documents exposed undeclared civil deaths, complicity in torture, significant human rights violations, and evidence contradicting the US government’s public versions of their acts of war.

Manning was arrested under the US Espionage Act and Computer Fraud and Abuse Act and sentenced to 35 years in prison, the longest ever prison sentence for leakage in the United States.

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In 2017, after seven years in prison, Manning’s sentence was commuted by US President Barack Obama.

Manning tried to enter Canada shortly after her release but was stopped at the border. She has been ruled inadmissible by the CBSA for being convicted of a serious criminal offense outside of Canada.

A hearing on their admissibility is scheduled for two days, but a decision is not expected immediately afterwards. After oral presentations, written comments are expected from both Manning and the government.

On September 17, Manning said she tested positive for COVID-19 despite having been fully vaccinated.

“I’m being quarantined for the rest of the month – my symptoms are very mild since I was fully vaccinated in April,” she said on Twitter.

On October 1st, Manning tweeted: “Out of quarantine and feeling good.”

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